Judiciary Addresses Letter Linking Gachagua to Supreme Court Interference

The Judiciary has dismissed as fake a letter circulating on social media purportedly issued by Chief Justice Martha Koome, which links former Deputy President Rigathi Gachagua to alleged attempts to interfere with the independence of the Supreme Court.

The purported letter is presented as a communication from the Office of the Chief Justice and claims that Deputy Chief Justice Philomena Mwilu had lodged a complaint over alleged attempts to influence proceedings before the Supreme Court.

The document further names Gachagua as the alleged beneficiary of the purported interference and makes claims involving former Chief Justice David Maraga and Wiper leader Kalonzo Musyoka.

However in a statement on Monday, August 17, the Judiciary disowned the document, warning the public against relying on or circulating fabricated communication attributed to its leadership.

"The Judiciary wishes to categorically state that the letter is fake. It was neither authored nor issued by the Hon. Chief Justice, her Office, nor any authorised organ of the Judiciary.

"The deliberate fabrication and circulation of purported official communication is a serious matter, particularly where it seeks to attribute to the Judiciary positions that it has neither taken nor expressed," the statement read.

The Judiciary reaffirmed its constitutional independence, stressing that its institutional position should not be manipulated for political purposes.

"The Judiciary is an independent arm of Government, constitutionally mandated to exercise judicial authority independently and impartially. Its institutional position cannot be manufactured, attributed or appropriated for political purposes. 

"The name, office and authority of the Chief Justice must not be misrepresented to lend credibility to political messaging or misinformation," the statement added.

The Judiciary also urged Kenyans, journalists and other stakeholders to verify official communications before sharing or acting on them.

"The Judiciary therefore urges members of the public, media practitioners and all stakeholders to exercise due diligence when encountering purported official communication. 

"Any communication attributed to the Chief Justice or the Judiciary should be verified through the Judiciary’s established and official communication channels before it is relied upon or disseminated," the statement concluded.

Elsewhere, this comes a month after the Judiciary welcomed the Cabinet's approval of the second phase of the Judicial Performance Improvement Project (JPIP II).

In a statement on Wednesday, July 1, Judiciary Spokesperson Paul Ndemo said the proposed funding will address long-standing infrastructure challenges across the Judiciary, including the construction of new court facilities, accommodation for tribunals, and a permanent home for the Kenya Judiciary Academy.

He said the next phase of the programme will focus on expanding the Judiciary's physical infrastructure to meet growing operational demands.

"The second phase of funding is intended to support construction of new facilities for the Supreme Court, the Court of Appeal, and the Judiciary's Administration Headquarters," he wrote.

Ndemo noted that the expansion has become necessary because the current Supreme Court building no longer adequately serves the needs of the Judiciary.

He added that despite the planned expansion, the historic Supreme Court building will be preserved due to its protected status.

"As a protected national monument, the existing Supreme Court Building will undergo renovation rather than replacement, and will complement the new facility to be erected with World Bank funding," he further said.

Ndemo also revealed that the project seeks to provide adequate office and operational space for tribunals that have been established over the years following the promulgation of the 2010 Constitution.

"The support will also enable the Judiciary to provide facilities for 28 Tribunals that have come to operate under the Judiciary's auspices since the promulgation of the Constitution in 2010, but without a corresponding expansion of infrastructure to accommodate them," he stated.

Ndemo noted that the funding proposal further includes plans to construct a permanent campus for the Kenya Judiciary Academy, which has relied on rented premises since it was established.

"Additionally, the funding will support construction of a permanent home for the Kenya Judiciary Academy, which has operated in leased facilities since its establishment, an arrangement that has proved costly over the long term," he revealed.